Conditions of Use
printConditions of Use
§ 1 General
1. Subsequent delivery and payment conditions apply to the entire business relationship of Hot Shot Records with its customers and are recognized by placing an order to be binding.
2. Hot Shot Records has the right to change these terms and conditions including all possible arrangements with reasonable notice or supplement. Previously received orders are handled according to the still valid previous general business conditions.
§ 2 Contract conclusion
1. All offers are non-binding. Minor discrepancies and technical changes to our illustrations or descriptions are possible.
2. The customers order is an offer to Hot Shot Records for the conclusion of a sales contract. After receiving the customers order Hot Shot Records sends an e-mail confirming the receipt of the order of the customer with Hot Shot Records and shows the details (order confirmation). This order confirmation shows no acceptance of the customers offer, but only serves as an information of the customer that the order has been received by Hot Shot Records. The sales contract comes about only when the ordered product is sent to the customer by Hot Shot Records and this is confirmed with the second e-mail (dispatch confirmation) from Hot Shot Records. Products from the one and same order which are not included in the dispatch confirmation are not part of the sales contract.
§ 3 Cancellation Policy
Right of Revocation
You can revoke your contract within one month without giving reasons in writing (eg letter, fax, e-mail) or - if the goods leave before the deadline - by returning the goods.
The time limit begins after receipt of this notification in writing but not before receipt of goods by the recipient and also not before the fullfilment of our notification duties in accordance with article 246 § 2 in association with § 1 Sections 1 and 2 EGBGB, and § 312e section 1 sentence 1 BGB in association with article 246 § 3 EGBGB.The sending of the revocation or the goods within the relevant period of time will suffice for adherence to the revocation time limit.
The revocation is to be sent to:
Hot Shot Records GmbH & Co. KG
Hanseatenhof 9
28195 Bremen
Germany
Fax: +49421/70 64 52
cmdistro@hotshotrecords.com
Revocation results
In the case of an effective cancellation the mutually received benefits have to be given back and if necessary obtained benifits (eg interest) are to be surrendered. Packages are to be returned at our risk.
You have to pay the cost of a return shipment if the delivered products correspond to those which have been ordered and if the price of the item to be sent back does not exceed an amount of 40 euros or, in the case of a higher price of the goods, you have not yet paid the consideration or have not yet made a contractually agreed-upon partial payment at the point in time of the cancellation.
Otherwise, the return is free for you.
Goods cannot ne despatched dispatched will be picked up from your address.
Obligations to reimburse payments must be met within 30 days.
The period begins with
the sending of your revocation or the goods and it starts running for
us on its receipt.
Your Hot Shot Records GmbH & Co. KG
§ 4 Prices
1. Incorrect price data (print or computer failure) are excepted. Hot Shot Records reserves itself the right to change prices or data. In such a case the customer is informed immediately after detecting the error or the change using the new information. The customer can then either confirm the order again or cancel the order.
2. In the calculations, the current, statutory tax rates are reported separately and are part of the bill. The same applies for supplementary services (postage & packaging).
§ 5 Shipping and delivery
1. The ordered goods will be packed professionally and promptly by Hot Shot Records and handed over to a transportation company selected by Hot Shot Records.
2. If Hot Shot Records is not able without its own fault fto deliver the ordered products because the supplier of Hot Shot Records does not fulfill his contractual obligations, Hot Shot Records is entitled towards the customer to resign the contract. In this case the customer is immediately informed about the non-availability of the product. The legal claims of the customer remain untouched.
3. Hot Shot Records is not obliged to deliver goods which are no longer in stock, even if they may still be indicated in the listings of Hot Shot Records.
4. Information about the stock availability shows no commitment of delivery and justifies no claim of the customer on delivery.
5. If a customer of Hot Shot Records wishes special packaging and/or shipping the expenses incurred will have to be paid by the customer.
6. There is no minimum order value.
7. The calculation of the charges for postage, shipping and handling is based on the current costs.
8. When ordering goods with age restrictions (FSK 18), a copy of the identity card / passport is required.
§ 6 Agreement in exercising the right of revocation by the purchaser as a consumer
Customers using the right of revocation will have to pay the shipping cost of the return shipment, if the delivered goods correspond to the goods ordered, and also if the purchase price of the goods does not exceed € 40.00. In other cases the return shipment to the buyer is free of charge.
§ 7 Payment
The customer may pay the price by credit card, prepayment or cash on delivery.
If the customer is in default, Hot Shot Records is in accordance with § 247 BGB entitled to claim delay costs of 5 percentage points above the European Central Bank announced base interest rate p.a..
§ 8 Guarantee
1. Hot Shot Records
ensures that the goods sold are free from defects in material and workmanship and have
the contractual warranties at tze time of transfer to the forwarding agents.
2. A return of unsealed goods and custom is only possible with the objective of defects such as production errors. So-called "cut-outs" are not a quality defect and therefore no reason for return. The same applies to parts such as for example CD-boxes (so called „jewel cases“).
3. The warranty liability shall be governed by the laws.
§ 9 Liability
Neither computers nor computer software are always operating without errors. Consequently, Hot Shot Records cannot ensure a technically errorless service for the online trading. In addition there are uncertainties of the Internet itself. Hot Shot Records shall not be liable for damages which are based on the fact that as a result of technical failures customers bids do not come in or are not considered there. Any intention is excluded.
§ 10 Retention of title
The delivered product remains the property of Hot Shot Records up to the entire payment.
§ 11 Data Protection
1. According to § 28 and § 33 of the Federal Data Protection Hot Shot Records ensures, that customer data is processed only incurred in connection with the execution of the order and stored. Personal data will be kept confidential.
2. Hot Shot Records will only use or pass on customer`s data as mentioned in paragraph 1. regulated extent.
§ 12 General provisions
1. Single regulations of these general terms and conditions should be explained all or in part judicially for invalid, the effectiveness of the remaining regulations or shares of these regulations is not touched of it.
2. For the contractual
relations between Hot Shot Records and their customers German right is applied.
3. The uniform UN Sales Law (United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980, CISG) shall not apply.
§ 13 Place of jurisdiction
If the contracting partner is a businessman, a legal person of the public law or a public notorial special funds, our company headquarters are agreed as an exclusive jurisdiction for all claims which arise from or on account of this contract. Same is valid towards people who have no jurisdiction in Germany or people who have moved her residence or usual place of residence outside Germany after conclusion of the contract or whose residence or usual place of residence is not known at the time of the filing of an action.
End of Terms
Your Hot Shot Records GmbH & Co. KG